1 | The Justice Appropriations Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
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6 | House Concurrent Resolution |
7 | A concurrent resolution proposing the adoption of Joint |
8 | Rule 9, Joint Rules of the Florida Legislature, relating |
9 | to compensation for the wrongfully incarcerated. |
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11 | Be It Resolved by the House of Representatives of the State of |
12 | Florida, the Senate Concurring: |
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14 | That Joint Rule 9, Joint Rules of the Legislature, is |
15 | hereby created to read: |
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17 | Joint Rule Nine |
18 | Compensation for Wrongful Incarceration |
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20 | 9.1-Eligibility |
21 | (1) A claim bill shall be allowed for wrongful criminal |
22 | felony convictions resulting in imprisonment if the claimant has |
23 | been granted judicial relief absolving the claimant of guilt on |
24 | the basis of actual innocence of the crime for which the |
25 | claimant was sentenced. |
26 | (2) As used in this Joint Rule, "actual innocence" means: |
27 | (a) The claimant was charged, by indictment or |
28 | information, with the commission of an offense classified as a |
29 | felony; |
30 | (b) The claimant did not plead guilty or no contest to the |
31 | offense charged or to any lesser included offense, unless the |
32 | claimant was charged with a capital offense; |
33 | (c) The claimant was convicted of the offense; |
34 | (d) The claimant was sentenced to incarceration for a term |
35 | of imprisonment as a result of the conviction; |
36 | (e) The claimant was imprisoned solely on the basis of the |
37 | conviction for the offense; |
38 | (f) The claimant did not, by his or her misconduct or |
39 | neglect, bring about the prosecution; |
40 | (g) The claimant's acts did not constitute a crime; and |
41 | (h) A court of competent jurisdiction found by clear and |
42 | convincing evidence that the offense for which the claimant was |
43 | convicted, sentenced, and imprisoned, including any lesser |
44 | included offenses, was not committed by the claimant and issued |
45 | an order vacating, dismissing, or reversing the conviction and |
46 | sentence and providing that no further proceedings can be or |
47 | will be held against the claimant on any facts and circumstances |
48 | alleged in the proceedings which had resulted in the conviction. |
49 | (3) A claimant shall not be eligible for compensation if |
50 | the claimant was also serving a concurrent felony sentence. |
51 | (4) The claimant must comply with both the Senate Rules |
52 | and the Rules of the House of Representatives and shall not file |
53 | a claim bill later than 2 years after the order vacating, |
54 | reversing, or dismissing the sentence, except that all other |
55 | judicial and administrative remedies need not be exhausted. |
56 |
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57 | 9.2-Relief |
58 | (1) Upon a finding of actual innocence and that all |
59 | conditions of this Joint Rule have been satisfied, the |
60 | Legislature may award the claimant relief as specified in Joint |
61 | Rule 9.3 and Joint Rule 9.4. |
62 | (2) Any person awarded compensation pursuant to this Joint |
63 | Rule who is subsequently convicted of a felony shall, |
64 | immediately upon such conviction, not be eligible to receive any |
65 | unpaid amounts or benefits from any compensation awarded in the |
66 | relief act. Any amount from an annuity that is forfeited |
67 | pursuant to this section shall revert to the state General |
68 | Revenue Fund. |
69 | (3) No award for relief pursuant to this Joint Rule shall |
70 | include punitive damages. |
71 | (4) The relief act may include an apology made by the |
72 | Legislature on behalf of the State of Florida. |
73 |
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74 | 9.3-Nonmonetary Compensation |
75 | (1) HEALTH CARE PLAN.-The relief act may direct the |
76 | appropriate state agency to purchase a comprehensive health care |
77 | plan, including dental and mental health coverage. |
78 | (2) EDUCATIONAL ASSISTANCE.-The relief act may waive |
79 | tuition and fees for up to a total of 4 years of instruction at |
80 | any career center established pursuant to section 1001.44, |
81 | Florida Statutes, at any community college established under |
82 | part III of chapter 1004, Florida Statutes, or any state |
83 | university. The relief act shall state that for any educational |
84 | benefit made, the claimant shall be required to meet and |
85 | maintain the regular admission requirements of, and be |
86 | registered at, such career center, community college, or state |
87 | university and make satisfactory academic progress as defined by |
88 | the educational institution in which the claimant is enrolled. |
89 | (3) JOB PREFERENCE.-The relief act may award first |
90 | preference in employment by the state and its political |
91 | subdivisions. |
92 | (a) The relief act must state that the claimant must be |
93 | otherwise eligible for employment with the hiring agency or |
94 | political subdivision. |
95 | (b) The relief act must state that the job preference |
96 | benefits awarded do not apply to positions that are exempt from |
97 | the State Career Service System under section 110.205(2), |
98 | Florida Statutes, positions which are filled by officers elected |
99 | by popular vote or persons appointed to fill vacancies in such |
100 | offices, members of boards and commissions, persons employed on |
101 | a temporary basis without benefits, heads of departments, and |
102 | positions that require licensure as a physician, osteopathic |
103 | physician, chiropractic physician, engineer, or membership in |
104 | The Florida Bar. |
105 | (4) WAIVER OF FEES.-The relief act shall waive any |
106 | statutory fees required to expunge any arrest or court records |
107 | as otherwise subject to expunction by law or court rule and |
108 | shall waive any fees for copying costs or other costs of |
109 | obtaining public records in furtherance of such expunction. |
110 |
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111 | Rule 9.4-Monetary Compensation |
112 | (1) The relief act may provide compensation in an amount |
113 | to be determined by the Legislature. |
114 | (2) Any compensation computed pursuant to subsection (1) |
115 | may be awarded in a lump sum or may be paid in an initial lump |
116 | sum equal to 20 percent of the compensation award with the |
117 | remaining 80 percent of the principal of the compensation award |
118 | to be used by the Chief Financial Officer to purchase an |
119 | annuity. If the Legislature directs that an annuity be |
120 | purchased, the relief act must state the following: |
121 | (a) That any annuity purchased shall be purchased from any |
122 | A+ rated company, to provide equal monthly installments to the |
123 | claimant for a period certain of a stated number of years |
124 | commencing no later than 1 year after the effective date of the |
125 | appropriation; |
126 | (b) That the annuity shall provide that it shall not be |
127 | sold, discounted, or used as security for loans and mortgages by |
128 | the claimant; and |
129 | (c) That the annuity shall contain beneficiary provisions |
130 | providing for the annuity's continued disbursement in the event |
131 | of the death of the claimant, subject to the provisions of Joint |
132 | Rule 9.2(2). |
133 |
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134 | 9.5-Release and Waiver |
135 | As a condition of receiving any compensation under this |
136 | Joint Rule, a claimant shall execute a release and waiver on |
137 | behalf of the claimant or his or her heirs, successors, and/or |
138 | assigns forever releasing the State of Florida or any agency, |
139 | instrumentality, officer, employee, or political subdivision |
140 | thereof, or any other entity subject to the provisions of |
141 | section 768.28, Florida Statutes, from any and all present or |
142 | future claims the claimant or his or her heirs, successors, |
143 | and/or assigns may have against such enumerated entities and |
144 | arising out of the factual situation in connection with the |
145 | conviction for which the compensation is being sought under this |
146 | Joint Rule. |
147 |
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148 | 9.6-Collateral Sources |
149 | The claimant is not eligible for compensation if the |
150 | claimant was awarded a final judgment in a court of law, or has |
151 | received any funds pursuant to a settlement agreement for |
152 | compensation or damages arising out of the factual situation in |
153 | connection with the conviction for which compensation is sought |
154 | under this Joint Rule. |
155 |
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156 | 9.7-Attorney's and Lobbyist's Fees |
157 | Attorney's and lobbyist's fees are subject to the |
158 | provisions of section 768.28(8), Florida Statutes. No |
159 | compensation shall be made for attorney's fees charged for legal |
160 | services relating to a finding of actual innocence as defined by |
161 | this Joint Rule. |
162 |
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163 | 9.8-Sovereign Immunity; Limits of Liability |
164 | The passage of a relief act pursuant to this Joint Rule |
165 | shall not be deemed to have waived any defense of sovereign |
166 | immunity or to have increased the limits of liability on behalf |
167 | of the state or any person or entity subject to the provisions |
168 | of section 768.28, Florida Statutes. |